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Paying for Lawsuits Against the LAPD, Crisis Centers, Parole for Juvie Crimes, and Realignment Savings

January 21st, 2016 by Taylor Walker

TAKING A CLOSER LOOK AT THE CITY OF LA’S $24 MILLION FALSE CONVICTION SETTLEMENTS

On Tuesday, the LA City Council approved $24.3 million in settlements to two men, Kash Delano Register and Bruce Lisker, who were wrongfully convicted of murder and spent decades in prison.

On Wednesday’s episode of KCRW’s Which Way LA?, the LA Times’ Matt Lait and LA Police Commission Vice President Steve Soboroff talked with host Warren Olney about the city’s decision to agree to a big-bucks settlement based on the likelihood that going to court would cost more than the $24 million.

Prosecutors dropped charges against Register, who was convicted of killing a man at age 18 in 1979, after his lawyers accused the prosecution of withholding exculpatory evidence from the defense, and using false testimony. Lisker’s conviction for his mother’s 1983 murder was overturned after a judge found that the prosecution had presented false testimony.

Lait pointed out that Register’s lawyers were originally demanding $40 million to settle, and Lisker’s lawyers were demanding around $22 million. Through federal mediators, those sums were brought down to approximately $16.7 and $7.6 million respectively.

When asked if he thought the City Council made the correct call by settling, Soboroff said, “I believe [the City Council] did the right thing. They were travesties. They happened 37 and 33 years ago. It was a different world then in Los Angeles policing than it is now.”

Soboroff asserted that today’s law enforcement officers are not making such egregious errors in policing as in Register and Lisker’s cases. “This is not going to happen again,” Soboroff said. “This is not like the Netflix “Making a Murderer” that’s been going on recently. That is not what our police department is about.”

The commission president said that while officers make mistakes, the LAPD had established a number of protections since Register and Lisker’s convictions. “We have a system which has national recognition as having safeguards, having citizen oversight, having independent inspector generals, having all kinds of intra- and inter-department safeties…”

The Times’ Lait was not so convinced. “You see time and again throughout the country, DNA evidence exonerating people… Even though there’s no DNA evidence in this case, Mr. Register’s case dealt with eyewitness identifications. And those can be faulty. So there’s always the risk.”


LA COUNTY TURNING TO CRISIS CENTERS FOR MENTAL HEALTH EMERGENCIES

The LA Times’ Abby Sewell takes a look inside Los Angeles’ crisis centers, as the county shifts toward a reliance on LA’s five centers, rather than jails or hospitals, for taking care of a person in the middle of a mental health emergency.

These centers, the newest of which opened in Culver City last month, serve as places law enforcement officers can bring people in crisis. Often, police officers have to choose between waiting 6-8 hours to drop someone in crisis off at hospital emergency room, or booking the person on a minor charge and getting back to work within an hour.

Here’s a clip from Sewell’s story:

Until recently, Los Angeles police were reluctant to take patients directly to the urgent care centers because, unlike hospital emergency rooms, the centers don’t take people with serious medical issues or who are extremely drunk or aggressive.

But after meeting with Exodus staff over the summer to clarify the guidelines, police have begun taking more patients to the centers rather than emergency rooms. In December 2014, law enforcement officers took 209 patients to L.A. County-USC Medical Center and 107 to the Exodus center across the street. In August, officers took 196 patients to the hospital and 268 to the urgent care center. LAPD officers who had been frustrated at the time they spent waiting to hand off patients to medical staff at the overcrowded county emergency rooms said the turnaround time is much quicker at the urgent care centers.

“The times I’ve been there, it’s been 15 minutes as opposed to two hours at the ER,” said Lt. Brian Bixler of the Los Angeles Police Department’s specialized mental health team.

The turn to urgent care centers has also helped to alleviate overcrowding at the county hospitals’ psychiatric emergency departments and in the regular emergency rooms. The average morning patient count for the three county psychiatric emergency rooms was about 40 in November, down from 60 a year earlier.

Mark Ghaly, director of community programs for the county’s Department of Health Services, which runs the hospitals, said a “significant amount” of the reduction in crowding can be attributed to the increased use of urgent care centers…

But it can be a challenge to find a bed in a psychiatric facility that provides long-term care. One patient waited a week at an urgent care center — in violation of rules — before an inpatient bed was found.

Ghaly said the expansion of urgent care centers will be a boon to hospitals, but needs to come with “a commensurate increase” in inpatient beds and community-based resources so patients have somewhere to go upon release.


DEFINING CALIFORNIA JUVENILE OFFENDERS’ SECOND CHANCE AT PAROLE

On Wednesday, a California appeals court ruled that, for inmates who were sentenced to life-without-parole for juvenile crimes, judges must take into consideration evidence of prisoners’ rehabilitation when deciding parole eligibility.

In 2014, the CA Supreme Court ruled that judges must take a second look at juvenile life-without-parole sentences, but the ruling did not specify what kind of evidence, if any, a prisoner could present for the second chance at parole.

The Second District Court of Appeal in Los Angeles overturned a judge’s decision to disregard evidence that Elizabeth Lozano, who killed another teenager when she was 16-years-old, had turned her life around in prison.

The San Francisco Chronicle’s Bob Egelko has more on appeals court’s decision. Here’s a clip:

In the state’s first appellate ruling on the issue, the court said the U.S. and California Supreme Court decisions had emphasized that juveniles were different from adults in maturity and responsibility, and that judges must consider all evidence relating to the “distinctive attributes of youth” before imposing harsh sentences.

“All relevant evidence, in our view, includes what Lozano asserts is 15 years of rehabilitation in prison,” Justice Sandy Kriegler said last Thursday in a 3-0 ruling ordering a new hearing.

Lozano, a 16-year-old member of a Los Angeles street gang, fatally shot Tayde Vasquez and took her jewelry in January 1992 after hearing that the girl had accused her of plotting with members of a rival gang. She was tried and sentenced as an adult in 1996, violated prison rules repeatedly for four years, and was convicted of a drug crime. But she has been discipline-free since then and has apparently turned her life around, the court said.

Lozano earned a high school diploma and a two-year college degree in prison, was elected to an inmate council that works with prison administrators, took part in an outreach program to help juveniles stay crime-free, and has won praise from a former prison warden and numerous staff members, the court said.

When she tried to present that information to the judge who was ordered to reconsider her sentence, prosecutors objected. They argued that evidence of good behavior in prison can be presented only at a separate hearing, authorized by a recent state law, that juveniles sentenced to life without parole can request after 15 years in prison.


CA PRISON OFFICIALS ANSWER CALLS FOR ACCOUNTABILITY ON BILLIONS IN ABSENT REALIGNMENT SAVINGS

Last week, WLA pointed to an LA Times editorial taking a closer look at why, despite a promised pile of savings from California’s realignment strategy and Proposition 47, the state’s prison budget has only risen over the last four years.

In response to calls for accountability from CA lawmakers, on Wednesday, prison officials released a long-term corrections plan that says the state would have had to spend $1.3 billion more, if not for the inmate population reductions from realignment and Prop. 47. Corrections officials also say that the current spending is necessary to keep the inmate population below a level ordered by a panel of federal judges, and that money is being spent on private prisons, while dilapidated and costly prisons have not been replaced.

The Associated Press’ Don Thompson has more on the issue. Here’s a clip:

Federal judges required the state to reduce the headcount in the state’s 34 main adult prisons more than officials wished, according to the revised long-term plan Brown’s administration released Wednesday at the insistence of state lawmakers.

That led to more expensive private prison beds in California and other states and ended plans to close a dilapidated state lockup as the state scrambled to maintain enough beds, according to the new plan.

But the Department of Corrections and Rehabilitation now houses about 35,000 fewer inmates than it did at its peak in 2006, leading liberal and conservative advocacy groups and a state lawmaker to question why the savings never materialized.

“The money’s going up, and the population’s going down,” said Sen. Loni Hancock, D-Berkeley, who heads the Senate Public Safety Committee and the budget committee that oversees corrections spending. “When do you start seeing the long-term savings?”

The department says its budget would have been $1.3 billion higher this year without the changes the state has made in the last four years.

The revised plan says the current level of spending is needed to hold the inmate headcount below the level set by federal judges. Brown’s budget includes more than $120 million in stop-gap population control measures, including fixing up the rundown California Rehabilitation Center at Norco and keeping 4,900 inmates in private lockups past this year’s legislative deadline. The revised corrections plan also relies in part on space for nearly 2,400 inmates in three new cell houses built at existing prisons.

Posted in LAPD | No Comments »

Populating the LASD Oversight Commission….LAPD Chief Recommends Charges in Officer-Involved Shooting….and More

January 12th, 2016 by Taylor Walker

LA COUNTY SUPES TO DISCUSS WHO SHOULD SIT ON AN LASD CIVILIAN OVERSIGHT PANEL

On Tuesday, the LA County Board of Supervisors are expected to discuss the makeup of a civilian commission to oversee the LA County Sheriff’s Department.

In previous talks about the oversight commission, one important topic of discussion has been whether retired sworn personnel could serve as commission members, or whether that would create a conflict of interest.

Supervisors Ridley-Thomas and Hilda Solis have submitted a motion to only allow former LASD personnel to serve on the nine-member commission after they had been disconnected from the department for one year.

Mark Anthony Johnson of Dignity and Power Now argues ex-deputies should not serve on the board at all. Johnson says that even former personnel like Bob Olmsted, who testified about corruption and misconduct within the department to the Citizens Commission on Jail Violence, could serve as advisors to the commission but not as commissioners, arguing that ex-cops on the commission could potentially harm the group’s credibility.

KPCC’s Frank Stoltze has more on the issue. Here’s a clip:

“Fundamentally, we don’t think law enforcement should be policing law enforcement,” said Mark-Anthony Johnson of Dignity and Power Now, a group that formed to protest deputy-on-inmate violence in the jails and pushed for the new commission.

“It doesn’t make sense,” Johnson said. “The community needs to know that they can go to a place where the people they are talking to have not been entrenched in a practice of law enforcement – one that protects law enforcement.”

But L.A. County Sheriff Jim McDonnell and the powerful Association of Los Angeles Deputy Sheriffs argue excluding former deputies from eligibility would be unfair and also exclude people who know the inner workings of the department.

Supervisors Mark Ridley-Thomas and Hilda Solis agree — and have introduced a motion that would allow former deputies to serve on the commission after a one-year period away from the department. They argue an ex-cop’s perspective could be valuable on a panel charged with looking for problems at the Sheriff’s Department.

“There is no question that it could have a lot of value depending on who the person is,” said Ridley-Thomas. He points to the late Jesse Brewer, a former LAPD assistant chief who became a strong voice for reform on the city’s civilian police commission in the 1990s.

“In my view he was one of the best commissioners to ever serve,” said Ridley-Thomas.

Johnson agrees that former officers can be valuable, citing ex-Sheriff’s Commander Bob Olmsted. He was one of the few sheriff’s officials to testify about problems at the department at the Citizens Commission on Jail Violence.


FOR THE FIRST TIME EVER, LAPD CHIEF CHARLIE BECK RECOMMENDS CHARGING OFFICER IN FATAL SHOOTING

Los Angeles Police Chief Charlie Beck has recommended that the LA County District Attorney’s Office charge police officer Clifford Proctor in the fatal shooting of Brendon Glenn, an unarmed homeless man in Venice.

Video and other evidence from the May shooting led police investigators to determine that during an altercation, Proctor shot 29-year-old Glenn twice in the back while Glenn was lying on his stomach on the ground.

It’s now up to LA County District Attorney Jackie Lacey as to whether Proctor will be charged. This is the first time Chief Beck has ever recommended charges for an on-duty fatal shooting by an officer.

ABC7 has the story. Here’s a clip:

Proctor’s attorney said the officer saw Glenn reaching for his partner’s gun. However, Beck said that after reviewing video, witness accounts and other evidence, investigators determined Glenn was not trying to take either Proctor’s gun or his partner’s weapon at the time of the shooting.

Glenn was among 21 people fatally shot by Los Angeles police in 2015, when the overall number of officer-involved shootings in the nation’s second-largest city increased by 52 percent.

Mayor Eric Garcetti said in a statement that he hopes Beck’s recommendation is “considered with the utmost gravity.”

“As the District Attorney reviews this case, my hope is that Chief Beck’s recommendation is considered with the utmost gravity. No one is above the law, and whenever use-of-force crosses the line, it is our obligation to make sure that principle is upheld,” he said.

The police union, however blasted Beck.

“Chief Beck should never be involved in this,” said Craig Lally of the Los Angeles Police Protective League. “He should just hand over the investigation and let the people that are actually going to either file or prosecute this case – with the evidence at hand – let them decide.”

Meanwhile, there was rare praise for Beck from civil rights activists.

“It is so unprecedented,” said Earl Ofari Hutchinson of the L.A. Urban Policy Roundtable. “When in living memory can you remember a local police chief saying ‘an officer messed up. An officer abused his authority.’”


WINNING A CONVICTION AGAINST AN OFFICER IN A FATAL USE OF FORCE CASE IS DIFFICULT, TO SAY THE LEAST

Between 2005-2015, there was only one officer charged with murder or manslaughter for an on-duty fatal use of force. While the number of officers charged in the deaths of civilians has risen across the nation, it is still very difficult to convict an officer in an on-duty shooting, point out the LA Times’ Jack Leonard and James Queally, who have compiled a list of recent charges against California officers and their outcomes. Here’s a clip:

Despite California’s sheer size, officers rarely face charges for on-duty shootings, according to Phillip M. Stinson, an associate professor of criminal justice at Bowling Green State in Ohio who is tracking murder or manslaughter charges against officers nationwide.

From 2005-15, only one California officer was charged with murder or manslaughter in connection with an on-duty shooting, said Stinson. Nationally, 65 officers were charged with murder or manslaughter in connection with their role in on-duty shootings in that time frame, Stinson said.

Last year saw a noticeable spike in the frequency of such serious charges across the country, he said.

Eighteen officers were charged in 2015 with murder or manslaughter for an on-duty shooting, according to Stinson’s data. From 2011-14, just 16 officers faced similar charges.

Stinson said it’s too early to tell if there is a link between increased national scrutiny of police actions and an uptick in the number of murder or manslaughter charges filed against officers.

California prosecutors who have brought such cases in the last few decades have sometimes struggled to win convictions.


NO MORE CONTROVERSIAL STRIP SEARCHES FOR VISITORS TO CA PRISONS

Thanks to a change in state law, visitors at California prisons will no longer be subjected to strip searches.

Under the new regulations, visitors will now incur a year’s worth of heightened scrutiny if drug sniffing dogs or scanners detect illegal substances. And the penalties for those who refuse a clothed pat-down after being flagged by dog or machine will face increasing penalty levels for each refusal.

The Associated Press has the story.

It’s the first time visitors will be scrutinized by dogs that previously have been used to search inmates, Department of Corrections and Rehabilitation spokeswoman Dana Simas said Monday.

Visitors who are spotlighted by a dog or ion scanner but refuse clothed searches face an increasing range of penalties under the revised regulations the department proposed on Friday and will take effect after a public comment period.

A first refusal means no visit that day. A second refusal could bring a loss of visiting privileges for 30 days, while a third could mean no visits for a year. A fourth refusal in a year could result in the permanent revocation of visiting privileges.

The progressive penalties will encourage visitors to submit to the searches, the department said in outlining the new regulations.

Even if a visitor submits to a clothed search and no drugs or other contraband is found, the visitor can’t have physical contact with an inmate during that day’s visit and must go through the process again the next time he or she visits an inmate within the next 12 months.

Posted in Charlie Beck, LA County Board of Supervisors, LAPD, LASD | 112 Comments »

College Track Comes to Watts, “Ghost Suspensions,” and Use-of-Force

November 13th, 2015 by Taylor Walker

WATTS GETS A NEW PROGRAM TO HELP TEENS GO TO (AND GRADUATE) COLLEGE

On Thursday, LA Mayor Eric Garcetti, Councilmember Joe Busciano, education groups, students, and supporters, gathered at Jordan High School to celebrate the launch of an important new program in Watts called “College Track.”

Garcetti and Busciano were joined by Green Dot, the Partnership for LA Schools, Housing Authority of the City of Los Angeles, the Emerson Collective, and the Wasserman Foundation, with whom College Track has partnered to bring crucial resources and services to Watts students.

College Track, which has already been successfully implemented in other areas, is an innovative program to help kids in underserved communities attend and graduate college. The 10-year program supports kids from 9th grade through completion of their college degree.

The program provides students with academic support, leadership training, scholarships, help with housing, and college and financial advice.

Through College Track, 93% of the 2,400 participating students were accepted into a four-year college, and those kids had a graduation rate 2.5 times that of low income students nationally.

(Here’s a sweet video of a young College Track participant named Alex, who wants to major in computer science at Boston College, speaking at the event.)


“GHOST SUSPENSIONS” TAKE THE PLACE OF PROHIBITED SUSPENSIONS FOR “WILLFUL DEFIANCE” IN LA SCHOOLS

In 2013, Los Angeles banned suspensions for “willful defiance,” a broad term that could be slapped onto anything from talking back in class, to not having the right materials for an assignment, to a dress code violation. Suspension rates have plummeted in Los Angeles and across California as school districts have been moving away from harsh school discipline practices toward more healing restorative justice practices. The Los Angeles Unified School District also announced last year that it would stop issuing citations to students for youthful offenses like truancy, possession of alcohol or marijuana, and fighting, in an effort to stop the flow of students into the juvenile justice system. But the transition to smarter school discipline has not been an easy one.

Last week, a story from the LA Times’ Teresa Watanabe and Howard Blume revealed that some LAUSD teachers said that lack of financial resources had resulted in half-implemented restorative justice policies, leaving teachers, no longer able to suspend students for “willful defiance,” without proper tools to handle unruly classrooms.

And those massively reduced suspension rates may not be as impressive as they seem, thanks to informal “ghost suspensions.” Some advocates say schools are lowering suspension rates by sending kids home with their parents or putting them in a separate classroom all day without counting them as out-of-school suspensions.

The Chronicle of Social Change’s Nadra Nittle has more on the issue. Here’s a clip:

As the push for restorative justice grows nationwide, LAUSD is not only citing fewer students for minor infractions but suspending fewer also. In May 2013, the school board passed the School Climate Bill of Rights to ban suspensions for willful defiance. This catchall category included infractions like talking back or cursing and faced criticism from activists who said they led to racial disparities in school discipline.

After eliminating willful defiance suspensions, the suspension rate in LAUSD dropped to 1.3 percent, half of L.A. County’s rate of 2.8 percent and more than three times lower than the state rate of 4.4 percent.

But community organizers such as McGowan question whether the district’s impressive suspension rate tells the whole story about discipline in LAUSD. His organization represents students in South Los Angeles schools, where they’re subject to informal suspensions, he said.

“They find a room to send them,” he said of local schools. “They’re not going to call it in-school suspensions, but one high school has a Room 100 where they send kids.”

McGowan also asserted that schools sometimes remove students “having a bad day” from class by asking parents to pick them up.

“They’re sending kids out of the classroom for extended periods of time,” he said. “They’re just not counting it as out-of-school suspensions.”

Earl Perkins, LAUSD’s assistant superintendent of school operations, denied McGowan’s claims.

“Informal suspensions are not in our makeup,” he said. “There might have been one case. We have referral rooms for students, but it’s not suspension. They may go out of class, but it’s not suspension. We don’t have ghost suspensions. It’s not supposed to be happening. If it does, it’s dealt with very severely.”

But like McGowan, Kim McGill, a Youth Justice Coalition organizer, expressed concerns about the tactics LAUSD uses to lower its rate of suspensions and expulsions. She said that some schools pressure families to transfer their children to continuation or alternative schools to keep discipline numbers down.

“Our main concern is that schools are pushing students out of the comprehensive school district,” she said. “Our concern is that schools can reformat things so it looks like expulsion [but] has a different name.”


LA POLICE COMMISSION PREZ AIMS TO CUT DOWN ON OFFICERS’ USE-OF-FORCE INCIDENTS

In an interview with NPR’s Kelly McEvers, Matt Johnson, president of the Los Angeles Police Commission, said his goal is to reduce officer use-of-force numbers, through de-escalation training and an examination of the less-than-lethal weapons officers use.

Johnson is the only black member of the civilian commission tasked with overseeing the LAPD. Johnson says his personal experiences with racism from law enforcement officers in New Jersey (his home state) give him a unique perspective on the “crisis of confidence” between communities of color and law enforcement.

Earlier this week, WLA pointed to KPCC’s gathering of five years worth of data on police involved-shootings. The LA-based NPR station found that LA officers (LASD, LAPD, and others) shot 375 people, of whom, about one in four was unarmed.

Here’s a clip from the interview:

JOHNSON: We’ll look at tactics in training. We’ll look at the tools that they have, whether it’s Tasers or beanbag shotguns, and we will also look at things like de-escalation techniques which are really – you’re talking about communication skills, verbal skills to bring a situation down. If it’s at a six, let’s try and bring it down to a two rather than having it get to a ten.

[SNIP]

MCEVERS: You’ve been criticized by protesters from the Black Lives Matter movement because you now work inside the system. Is that going to make it hard for you to work with certain people in the community?

JOHNSON: Well, I think, first of all, you have to recognize that that is one group out of many, many, many groups, and it’s not really about me as an individual although they may say otherwise. Look; I understand the pain and anger that comes out of where they’re coming from. Their anger is at the institution, and as president of the Police Commission, I am absolutely the representative, the primary representative of the commission. And one – you know, along with the chief of police, we are primary representatives of the police department.

So my focus is really on two things. We have to really look very hard at every one of these use-of-force instances and judge them fairly. And secondly and probably more importantly, we need to be making sure that we’re doing everything we can to decrease the numbers of use-of-force.


AND WHILE WE’RE ON THE TOPIC OF USE-OF-FORCE….POLICE UNIONS BLAST LAPD CHIEF CHARLIE BECK’S “PRESERVATION OF LIFE” AWARD

On Tuesday, LAPD Chief Charlie Beck announced the creation of a new award, called the “Preservation of Life Medal,” to recognize officers who “display commendable restraint” rather than use deadly force. The medal, Chief Beck said, would be on the same level as the Medal of Valor.

The police chief pointed to two particular recent instances in which officers safely took suspects into custody. In one of the incidents, two officers wrestled a man with a sawed-off rifle into submission. “It could have easily been an incident where deadly force was deployed, but it was not,” Beck said.

“I know many times at the commission, you hear about the times when officers are forced into using deadly force,” Beck said to the commission. “But I also want to make sure we cover and recognize the many times law enforcement officers are able to save lives by their restraint.”

The LA Times editorial board applauds the decision as part of a larger effort on the part of Chief Beck to address use-of-force issues. Here’s a clip:

Of course, an award alone won’t immediately change public opinion or police behavior. But it’s a step in the right direction. What’s more, the announcement at Tuesday’s Police Commission meeting was just one manifestation of the attention Beck and other L.A. officials have been paying recently to the public’s concerns about deadly encounters between officers and suspects.

At the meeting, Beck described the details of a fatal officer-involved shooting on Monday in Lake Balboa, and he reported statistics on the use of force and how many of the suspects involved were African American. This is new. In recent years, Beck typically hasn’t talked about shootings by officers during his weekly report to the commission (because such shootings had been way down, at least until this year).

These actions and others, such as the expansion of training for police officers in how to de-escalate tense situations, suggest that Beck and Mayor Eric Garcetti are taking seriously complaints from the public about unnecessary use of force. After a slow start, Garcetti has called on Beck and Matt Johnson, a recent appointee to the commission, to respond. To their credit, they have.

But not everyone is pleased with the new award. Beck’s announcement of the new award raised the hackles of leaders from the police union, who made the point that officers hold their fire whenever possible, but shouldn’t hold their fire to the point of endangering their lives.

KPCC’s Frank Stoltze has more on the police union’s statement.

Posted in Education, LAPD, Willful defiance | No Comments »

Eight Years of Misclassified Crime, George Gascón on Risk-Assessment, and LA Audit$ Troubled Group Home

October 16th, 2015 by Taylor Walker

NEW INVESTIGATION FINDS LAPD MISREPORTED THOUSANDS OF SERIOUS ASSAULTS BETWEEN 2005-2012

Last year, an LA Times investigation revealed the LAPD misclassified hundreds of serious violent offenses as minor offenses in 2013. Last week, an audit found similar errors in the department’s 2014 crime stats. The Times’ Ben Poston, Joel Rubin, and Anthony Pesce took another look, and found that the misreporting could be traced back at least an additional eight years.

This new investigation found that between 2005-2012, the department mislabeled approximately 14,000 serious assaults as minor offenses, which resulted in inaccurate crime rates.

The misreporting made it appear as if violent crime rates were falling 7% faster, and serious assault rates were falling 16% faster than they actually were. (After taking the miscalculations into account, the analysis found that the city still experienced a decline in violent crime during those eight years.)

LAPD officials acknowledged that the crime data reporting errors could have a negative impact on public trust, and said the department was working to correct as much as possible.

On Thursday evening, WitnessLA’s editor, Celeste Fremon, appeared on on KCRW’s Which Way LA? with host Warren Olney to talk about the Times’ story and the faulty crime stats.

Among the topics discussed was the matter of whether the problem existed prior to 2005, when the Times analysis stopped. Fremon said that WLA’s sources close to the department told us they were not at all shocked by the Times’ findings, and that the practice of creative classification was occurring well before 2005.

A New York Post story by Chris Perez, Shawn Cohen, and Rich Calder jumped to the conclusion that former LAPD Chief (and current NYPD commissioner) “cooked the books,” misclassifying the crimes deliberately to make the city’s crime statistics look better than they actually were.

But according to WLA’s sources, it is more likely that the misreporting in the Bratton era was an artifact of pressure that some officials felt at the station level to meet the weekly and monthly crime reduction goals that were a part of the Bratton-instituted COMPSTAT system. As a consequence, our sources said, some station captains felt an incentive to get the desired results by whatever means available.

One source also suggested that property crimes could be another fertile area for future examination. In the case of property crimes, he said, there was often a subtle discouragement when it came to the reporting of certain lower-level property offenses like car break ins and theft. This “discouragement factor,” he said, could affect overall crime numbers.

UC Berkeley criminologist Barry Krisberg also appeared on WWLA?, and made the point that it would be preferable for independent statisticians to analyze city and county crime data, rather than the various policing agencies involved, thus eliminating the temptation to manipulate the numbers that were reported by officers on the ground.

The Times’ investigation also calls into question some of the recent reports of LA crime spikes. If serious assaults have been underreported for years, we should probably be healthily skeptical (and continue to ask questions about) rises and drops in crime, moving forward.


SF DA GEORGE GASCON: PROSECUTORS SHOULD EMBRACE RISK-ASSESSMENT AS A TOOL TO LOWER INCARCERATION RATES AND RACIAL DISPARITY IN JUSTICE SYSTEM

Writing for the MacArthur Foundation’s Safety and Justice Challenge “Decision Points” blog series, San Francisco District Attorney George Gascón points to risk-assessment as a meaningful tool prosecutors can use to reduce prison and jail populations while also reducing racial disparity in the criminal justice system.

Gascón says prosecutors should trade tradition for a system of risk-based assessment (taking into consideration factors such as prior offenses, marital status, age, sex, education, and employment status) with regard to pre-trial detention and sentencing.

(We at WLA hope the same kind of enthusiasm for risk-assessment will find its way to LA.)

Here’s how Gascón’s essay opens:

Defining new models for success in a system that is so steeped in tradition takes courage, and it takes vision. As a prosecutor and chief law enforcement leader with more than 30 years of service, I believe it is incumbent upon prosecutors to identify new models of public safety that reduce both incarceration and unwarranted racial disparities. While these are challenging goals, a modern justice system that embraces data and evaluation can indeed make real progress.

Risk-based assessment tools provide us with an opportunity to refine how we do our work. Using historical data from our work—what cases we charged and how we resolved them—we can determine with much greater accuracy who is dangerous and needs confinement and who can safely be treated in the community. We can also identify where our decisions may have been influenced by inappropriate factors such as race or ethnicity.

Traditionally, prosecutors’ use of science has been limited to forensics and expert witness testimony. Research-based decision making has not had a prevalent role in our work. Thankfully, advancements in risk-based assessment tools can improve decision making about pretrial release and appropriate sentencing options. Refusing to use our own data about our prior successes and failures, with the goals of making better decisions going forward, is irresponsible. Nearly every profession has been improved through data collection and analysis, and prosecution should be no different. Our profession has historically been cloaked in tradition, often to the detriment of improving outcomes. As the country grapples with the reality of mass incarceration, we must embrace tools that can help us safely reduce our prison and jail population, eliminate unwarranted racial disparities, and improve safety for victims and our community at large.


ON TOP OF STATE AND COUNTY INVESTIGATIONS TROUBLED LONG BEACH GROUP HOME, LA’S AUDITOR-CONTROLLER IS DIGGING THROUGH THE HOME’S FINANCES

The LA County Auditor-Controller’s Office is looking into the finances of a scandal-plagued Long Beach group home run by Bayfront Youth and Family Services after a “risk assessment” of the county’s group homes drew auditors’ attention to Bayfront.

The group home, which is designated a Level 14 (the most restrictive level), is scheduled shut its doors at the end of October after a CA Department of Social Services investigation validated reports of foster kids running away, abuse from staff members, and more. LA County Probation also conducted an investigation, and in July, barred the group home from admitting any new kids.

No details about what the Auditor-Controller is looking for have been revealed. Bayfront’s yearly operational budget is $6.7 million.

In 2014, Bayfront CEO Maryam Ribadu’s salary was $192,000, more than twice as high as the next highest-paid employee, and more than double Ribadu’s 2011 salary. And a 2011 audit of Bayfront spending found that the group home had not returned more than $36,000 in county funds that were supposed to pay for services that the home did not provide to the kids.

Foster care advocates continue to be concerned about a lack of group homes that provide a nurturing and safe environment to foster children.

Over the weekend, California Governor Jerry Brown signed a far-reaching bill to dump the current problematic group home model in favor of Short-Term Residential Treatment Centers, which will have to meet much higher standards of care than today’s group homes.

ProPublica’s Joaquin Sapien, who has been reporting on the ongoing troubles at Bayfront, has the story. Here’s a clip:

Federal tax forms and state budget records show that Bayfront operates on a $6.7 million dollar annual budget drawn primarily from county contracts and state grants. Roughly two-thirds of the money is used to pay the home’s more than 100 staff members; the rest, the records say, is spent mostly on repairs, maintenance, and food and clothing for the children.

[SNIP]

A number of audits have unearthed trouble at Los Angeles group homes and foster care centers in recent years. The Los Angeles Times has reported that Los Angeles County group home and foster care administrators have been caught spending taxpayer dollars on cigarettes, beer, perfume, fine china and other personal expenses. Between 2000 and 2010, auditors found that foster care operators had misspent more than $11 million dollars.

In the last year, the directors of two separate group homes have been charged with embezzlement by the Los Angeles County District Attorney. In September, a couple who ran a home called Little People’s World, pleaded guilty to embezzling or misappropriating thousands of dollars. The former chief executive is set to spend six months in jail.

In April, the financial director and executive director of a group home called Moore’s Cottage were charged with embezzling more than $100,000 from their nonprofit organization and filing false tax returns. The pair pled not guilty and they are set to begin pre-trial hearings in November.

In both cases, the Los Angeles Department of Children and Family Services had been alerted to evidence of misspending years before it took enforcement action and referred the cases to the district attorney’s office for prosecution.

Posted in LAPD | No Comments »

Criminal Justice Bills, Stopping Mass Shootings Before They Start, and Tasers

October 6th, 2015 by Taylor Walker

GOV. JERRY BROWN TAKES ACTION ON TONS OF CRIMINAL JUSTICE BILLS

Over the weekend, CA Governor Jerry Brown signed (and vetoed) a number of notable criminal justice-related bills we have been following at WLA.

Also among the ranks of passed bills was SB 261, a bill to expand the age of eligibility for early parole hearings to include lifers whose crimes were committed before the age of 23. (In 2013, Gov. Jerry Brown signed a law that gave a second chance at parole to kids who committed murder before the age of 18 and were sentenced to life-without-parole. SB 261 extends the reach of that 2013 bill.)

The bill was sponsored by the Anti-Recidivism Coalition (ARC), Human Rights Watch (HRW), National Center for Youth Law (NCYL), and Youth Justice Coalition (YJC).

“If a young person demonstrates personal growth and rehabilitation, and shows remorse for their crime, they deserve a second chance,” says ARC Founder and President Scott Budnick. “This new law holds young people accountable for the mistakes they have made, but also offers them compassion and the opportunity to begin contributing positively to their communities.”

“California’s new law acknowledges that young adults who have done wrong are still developing in ways that makes a real turnaround possible,” said Elizabeth Calvin, senior children’s rights advocate at HRW. “This law gives imprisoned young offenders hope and the motivation to work hard toward parole.”

A bill to ban strip searches of kids in juvenile detention by (or in front of) members of the opposite gender was also signed into law on Saturday. The bill, AB 303, was introduced in response to reports of San Diego juvie detention officers pepper spraying young inmates who refused to be searched by staff of the opposite gender.

Another new law, AB 256, will protect people who record law enforcement-involved incidents on their phones. The bill, authored by Assemblyman Reggie Jones-Sawyer (D-Los Angeles), will make video evidence tampering a felony offense punishable by a maximum sentence of five years in prison.

Other notable signings include a bill that will require law enforcement agencies to provide the DOJ with detailed use of force reports and data, a bill to curb prosecutorial misconduct, two bills to boost mental health training for law enforcement, and a mental health diversion bill.

THE VETOES

A bill by Sen. Cathleen Galgiani (D-Stockton), SB 333, would have bumped possession of date rape drugs with intent to commit a sexual assault from a misdemeanor to a mandatory felony offense.

Brown also vetoed SB 722, a bill by Sen. Patricia Bates (R-Laguna Niguel), that would have made it a felony for sex offenders on parole to remove or tamper with their GPS tracking devices.

Expressing her disappointment at the veto, Sen. Bates said, “If anyone deserves to serve longer prison terms, then it should be violent sex offenders who tamper with their GPS devices.”

And SB 347 would have added two non-violent misdemeanors—gun theft and bringing ammunition to school—to the list of crimes disqualifying gun ownership. The bill was authored by Sen. Hannah-Beth Jackson (D-Santa Barbara).

The governor vetoed a several other bills that would have created new crimes, saying, “Over the last several decades, California’s criminal code has grown to more than 5,000 separate provisions, covering almost every conceivable form of human misbehavior. During the same period, our jail and prison populations have exploded.”

“Before we keep going down this road,” continued Brown, “I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.”


THREAT ASSESSMENT TEAMS AND WHAT IT TAKES TO DETECT AND PREVENT MASS KILLINGS

Mother Jones’ Mark Follman has an excellent longread on threat assessment teams and how they root out and prevent school shootings.

Threat assessment teams comprised of cops, psychologists, and counselors, successfully divert and treat young people at risk of harming others via a strategy that includes identifying and quickly and carefully evaluating a person’s risk of harming others, followed by intervention efforts like counseling, mentoring, and other services.

It’s rare that a team has to go so far as to hospitalize or arrest a person.

The risk assessment is an interesting and complicated process for law enforcement officers, especially because their subject has committed no crime.

Mass shootings are nearly always carefully planned—usually by a young white male in the midst of a mental health crisis. These massacres are not impulsive crimes.

The concept of multidisciplinary efforts to prevent mass killings began as an LAPD response to public outrage after 21-year-old actress named Rebecca Schaeffer was fatally shot by an obsessive fan.

The specialized teams seem to be working, for the most part. According to the FBI, of the hundreds of subjects its team has tracked, only one has gone on to harm someone else. But cases still slip through the cracks, and it’s hard to tell when a person no longer needs the intervention services. Some of the monitored young people who appear well and out of crisis mode still go on to commit those mass murders, just years later.

Colorado theater shooter, James Holmes, and Jared Loughner, who shot Rep. Gabrielle Giffords and 18 others in Arizona, were both evaluated by threat assessment teams before their rampages.

One troubled Oregon teen, Erik Ayala, whom law enforcement found to be contemplating shooting fellow classmates, received years of help and mentorship from an assessment team. The team believed they had successfully navigated Ayala through his crisis and diverted him from a path of violence, but years after his intervention, Ayala went out and killed teens very similar to those he targeted in high school.

Here’s the opening from Mark Follman’s story on the assessment teams, the copycat killer trend known as the “Columbine effect,” and gun control (but do go read the rest):

Soon after the school year started in September 2000, a police officer working at McNary High in Keizer, Oregon, got a tip about a junior named Erik Ayala. The 16-year-old had told another student that “he was mad at ‘preps’ and was going to bring a gun in.” Ayala struck the officer as quiet, depressed. He confided that “he was not happy with school or with himself” but insisted he had no intention of hurting others. Two months later, Ayala tried to kill himself by swallowing a fistful of Aleve tablets. He was admitted to a private mental health facility in Portland, where he was diagnosed with “numerous mental disorders,” according to the police officer’s report.

To most people, Ayala’s suicide attempt would have looked like a private tragedy. But for a specialized team of psychologists, counselors, and cops, it set off alarm bells. They were part of a pioneering local program, launched after the Columbine school massacre the prior year, to identify and deter kids who might turn violent. Before Ayala was released from the hospital, the Salem-Keizer school district’s threat assessment team interviewed his friends, family, and teachers. They uncovered additional warning signs: In his school notebooks, Ayala had raged about feeling like an outsider and being rejected by a girl he liked. He had repeatedly told his friends that he despised “preps” and wished he could “just go out and kill a few of them.” He went online to try to buy a gun. And he’d drawn up a hit list. The names on it included his close friend Kyle, and the girl he longed for.

The threat assessment team had to decide just how dangerous Ayala might be and whether they could help turn his life around. As soon as they determined he didn’t have any weapons, they launched a “wraparound intervention”—in his case, counseling, in-home tutoring, and help pursuing his interests in music and computers.

“He was a very gifted, bright young man,” recalls John Van Dreal, a psychologist and threat assessment expert involved in the case. “A lot of what was done for him was to move him away from thinking about terrible acts.”

As the year went on, the team kept close tabs on Ayala. The school cops would strike up casual conversations with him and his buddies Kyle and Mike so they could gauge his progress and stability. A teacher Ayala admired would also do “check and connects” with him and pass on information to the team. Over the next year and a half, the high schooler’s outlook improved and the warning signs dissipated.

When Ayala graduated in 2002, the school-based team handed off his case to the local adult threat assessment team, which included members of the Salem Police Department and the county health agency. Ayala lived with his parents and got an IT job at a Fry’s Electronics. He grew frustrated that his computer skills were being underutilized and occasionally still vented to his buddies, but with continued counseling and a network of support, he seemed back on track.

The two teams “successfully interrupted Ayala’s process of planning to harm people,” Van Dreal says. “We moved in front of him and nudged him onto a path of success and safety.”

But then that path took him to another city 60 miles away, where he barely knew anyone.


A TASER FOR EVERY LAPD COP

In the coming months, the Los Angeles Police Department plans to equip every officer with a taser, in an effort to lower the number of officer-involved shootings. Currently the LAPD only has 3,500 tasers, and will need to buy 4,000 more to equip every police officer. Critics worry that because there are not concrete standards in place for taser-use, the tools may be misused. And while considered a “less-than-lethal” weapon, people do sometimes die after being shocked by a law enforcement officer taser. For example, Kelly Thomas, a mentally ill homeless Fullerton man died after being beaten and shocked multiple times by police officers.

KPCC’s Frank Stoltze has more on the issue. Here’s a clip:

“I think it’s a good idea,” said Craig Lally, president of the Los Angeles Police Protective League, the union that represents rank and file officers.

“There might be a situation where a Taser would be effective in stopping the threat, and then you don’t have to go to your firearm,” he said.

It stands to reason that the availability of less than lethal weapons like Tasers and beanbag shotguns prevent police shootings. But its impossible to say for sure, said Lally. And many shootings will still happen.

“You’re not going to shoot a guy with a Taser when he’s got a gun.”

One use of force expert said there is no doubt police will shoot fewer people.

“I think there’s quite a number of incidents over the years that clearly could have been prevented had a Taser been immediately available,” said Greg Meyer, a former LAPD captain who now testifies on police use of force in court cases around the country.

This is “long overdue,” Meyer said of the LAPD’s new policy.

He noted Tasers don’t always work. Two electronic probes must make contact with the suspect. The LAPD’s Murphy said internal studies found Tasers work about 67 percent of the time.

Posted in Edmund G. Brown, Jr. (Jerry), juvenile justice, LAPD | No Comments »

Veterans in Jail, the New Prez of the LAPD Commission, and LAPD Chief Beck on Body Cams

September 17th, 2015 by Taylor Walker

NEW HOPE FOR LOCKED-UP VETS: A SAN DIEGO JAIL MODULE TAILORED TO TREAT VETERANS’ INVISIBLE WOUNDS

At the Vista Detention Facility in San Diego County, veterans who find themselves on the wrong side of the law are placed in “modules” focused on healing, rather than punishing, men who are wrestling with any combination of PTSD, substance abuse, and homelessness.

The jail’s two modules, specifically tailored to the unique needs of veterans, offer vets a chance to deal with the struggles of life after active duty that helped put them behind bars. Vista’s vet modules provides a level of discipline and routine that’s familiar and comforting to the former military men, as well as daily classes, yoga, therapy, and the company of other veterans (even the guards are vets).

Note: currently, there are no comparable offerings in the US for female vets, who are subject to the same war-related traumas as their male counterparts.

The Crime Report’s Katti Gray has more on the Vista veterans program. Here’s a clip:

A year—to the day—after his baby brother was shot dead in a Kansas prairie town, German Villegas’ best buddy in Afghanistan was killed by a bomb he’d been ordered to find and defuse.

“We were both on the list to search for explosives,” Villegas recalled.

But U.S. Marine Corps Cpl. Michael J. Palacios was the one dispatched that day in November 2012. “He got hit by a 200-pound IED,” two months before both men were slated to go home, Villegas said.

Villegas returned stateside, a shattered man.

“My number-one goal was to get drunk and just try to forget everything,” said the 23-year-old, who joined the Marines straight out of high school and spent five years there. Fired from the military police, he was shunted into what he calls “punitive duties” that had him cleaning up after battalion officers and picking up trash.

But the worst were the funeral details.

“(That) was the completely wrong thing for me to have to do,” he continued. “Every time I did one of these funerals, I’m seeing these families crying. I became pretty good at compartmentalizing—or so I thought.”

Villegas was sitting that afternoon in the communal area outside an all-male cell block at a San Diego County Sheriff’s Department jail, where he landed after being arrested for an assault on his fiancée. A few feet away, at the Vista Detention Facility, stood one of the armed deputy sheriffs, also a veteran, who asked to be assigned to that cell block. Just beyond that deputy was a Marine Corps retiree and correctional counselor who directs Vista’s almost two-year-old Veterans Moving Forward Program.

One of a handful of such projects in the United States, the program makes available to convicted ex-military men and those awaiting trial—including those like Villegas who’ve been diagnosed with mental illness—counseling, peer-to-peer support and other amenities rarely extended to people behind bars.

Minutes before Villegas gave a visitor his take on what war extracts from combatants and innocents alike, he had queued up at a nurse’s cart, where anti-psychotic and other prescribed drugs were dispensed to jailed veterans with mental illnesses. (Those with only physical ailments also filled their prescriptions.)

Villegas’ meds are intended to help him stave off anxiety, depression and the flashbacks, nightmares, hyper-arousal, hyper-alertness and exponential moodiness that are among the symptoms of post-traumatic stress disorder. Such maladies are likely what triggered his admitted episode of violence. For Villegas, like so many other criminally charged veterans, had no history of illegal activity prior to military service.

“Jail is the last place I thought I would end up and the last place I thought I would find help, but this program has become a foundation that I can trust,” Villegas said. “The moment I came here and saw those military flags on the walls, it brought me to tears. There’s a brotherhood here … and there are things here that I need to restore my mental health, to get whole again.”


LA’S NEWEST POLICE COMMISSION PRESIDENT SAYS HE’S READY TO JUMP IN AND GET TO WORK ON POLICE-COMMUNITY RELATIONS

Matt Johnson, the newest Los Angeles Police Department commission president, also happens to be the only black member of the commission tasked with overseeing the LAPD.

When Johnson was growing up in New Jersey in the 80′s, he said he was on the receiving end of both racial prejudice from law enforcement officers and kindness from the cops who were friends with his dad. Johnson says this gives him the perspective needed to take on police-community relations issues.

But some community members criticize LA Mayor Eric Garcetti’s appointment of Johnson, who is an entertainment lawyer, instead of someone who is a grassroots community advocate.

The LA Times’ Kate Mather has the story. Here’s a clip:

Richard Drooyan, a former Police Commission president, said the board’s role as the “eyes and ears of the community” is particularly important at this moment given the public desire for increased accountability of police. Johnson, he said, must be “willing to criticize when mistakes are made and support the department when the department is right.”

In one of its most important roles, the board decides whether police shootings and other serious uses of force were appropriate. It’s a responsibility that has come under greater scrutiny as police officers across the country have increasingly been criticized for how they use force, particularly against black men.

Activists have blasted the LAPD and commissioners for some of the police shootings in Los Angeles. LAPD officers have shot 28 people so far this year, half of whom were killed.

Some of the most vocal critics are affiliated with the Black Lives Matter movement, including some who denounced Mayor Eric Garcetti for putting Johnson on the Police Commission. They said they wanted an anti-gang activist on the board instead of another person who donated to Garcetti’s campaign.

When asked about the criticism, Johnson said the Black Lives Matter movement had “shined a light on very important issues.”

“The bottom line is, there is an alarming number of African Americans across our country who have been killed by police,” Johnson said. “A large part of the reason that I agreed to join the commission is that I’m concerned about it, and I believe I can play a positive role in reducing those incidents.”

Paula Madison, the outgoing commissioner who has been the board’s only African American member since 2013, described Johnson as a friend who works with quiet deliberation, someone who understood the impact he could have as a black man on the Police Commission.

“If you get the opportunity to help set policies, you take it very seriously,” she said. “And knowing Matt, he’s going to take this very seriously.”

Head over to Mathers’ story to read more about Johnson’s background and what he hopes to accomplish while serving as a commissioner.


LAPD CHIEF CHARLIE BECK TALKS BODY CAMS AND POLICIES

On Wednesday’s on Air Talk, host Larry Mantle talked with LAPD Chief Charlie Beck about how the department’s implementation of officer body cameras is going, so far, and about recent pushback from the ACLU about when and how much video footage should be released to the public. The ACLU has asked the Department of Justice not to contribute funding to the LAPD’s body cam program because the department will not be actively releasing video showing officer-involved shootings.

Here’s Chief Beck’s response:

Well, the ACLU is welcome to offer whatever recommendations they want to whoever they want, but I don’t agree with them, I don’t think the federal government will agree with them either. Body cameras, and I’m wearing one right now as we talk and you can see it, are an evidence-collection tool, just like detectives are, just like the coroner’s investigation is, just like many many pieces of an investigation. We don’t release investigations piecemeal. Body camera footage is available for review by the district attorney, by the city attorney, by a civil court, by a criminal court, and in cases of uses of force that rise to the appropriate level, by the civilian police commission. So there are multiple levels of review, and to merely put video into the public without further investigatory information I think is inappropriate.

Of course, the concern is that the department is going to release the video when it suits its interests, not so quick to do so when it makes the department the gatekeeper. How do you respond to that concern?

I respond to it by looking at my track record. I’ve been Chief for five years now. We’ve had in-car video for that whole time, and I haven’t released that video when it supports my position or when it is detrimental to my position or to the department. I use it as part of the investigation; it is not something I use to form public opinion. It’s an investigative tool. That is not to say that I would never release video. If the state of the city depends on it, then that would weigh heavily on my decision. But in the day-to-day incidents of policing. One of the things I like to remind folks is that when you call the Los Angeles Police Department, it’s not on your best day. It never is. We go to your house. There may have been a domestic incident. You may have been the victim of a crime. It could be any number of circumstances. None of which you want put in the public domain. At least, all of the victims I’ve ever talked to. And so we want to be very circumspect, we want to be the guardians of the public trust. When people interact with the police, I think they have a right to some privacy in that condition.

Posted in Charlie Beck, LAPD, PTSD, Veterans | 8 Comments »

“Evolution of a Criminal,” Solitary Confinement Pt. 2, LAPD Community Guardians, and the Beneficiaries of Prop 47

August 25th, 2015 by Taylor Walker

Darius Clark Monroe was a 16-year-old honors student in Texas until he robbed a bank with a shotgun in a foolish attempt to bring his family out of extreme financial hardship.

In an award-winning PBS documentary, filmmaker Darius Monroe talks about the circumstances that led to his decision and asks his victims for forgiveness.

As a teenager, Darius says he did not think of the repercussions when he robbed the bank: the psychological harm done to the bank employees and customers present for the robbery, and the pain inflicted upon his tight-knit family and upon himself.

You can watch the whole documentary on PBS’ website until Sept. 11.


NEW MEXICO EXPERIMENTS WITH EFFORTS TO REDUCE USE OF SOLITARY CONFINEMENT IN PRISONS

The second installment in a three-part NPR series on solitary confinement in US prisons takes a look at the prison system in New Mexico where officials are working to reverse the state’s overuse of isolation. New Mexico has made real progress: 6% of the prison population is in solitary confinement this year, compared with 10% in 2013. But as the numbers creep lower, the task becomes more challenging, says Gregg Marcantel, head of New Mexico’s prison system. (We pointed to the first here.)

Here’s a clip from Natasha Haverty’s story for NPR:

In New Mexico, many low-risk inmates were moved out of solitary. The men still housed in isolation can now earn their way out in nine months with good behavior. That’s still more time in solitary than most reform advocates and most mental health experts support, but not so long ago, New Mexico’s solitary unit was packed with inmates who were thrown into cells “and then we really had no clear-cut way to get them out of there,” says Gregg Marcantel, head of New Mexico’s prison system. He says when he came in as corrections secretary four years ago, that heavy reliance on solitary had been unquestioned for decades.

“It’s very, very easy to overuse segregation. I mean, for a guy like me it’s safe, right? It’s safe — if these prisons are quiet, I don’t get fired,” he says.

One of Marcantel’s new programs gives prisoners the chance to live in a more open group setting if they swear off their gang affiliations.

For corrections leaders like Marcantel trying to change the system, it’s a struggle to get it right. None of his reforms get rid of solitary. He says he can’t see it ever going away.

“But i­n a perfect world, one that maybe involves unicorns, yeah, I would love to get rid of it,” he says.

So far, New Mexico’s first steps toward change seem to be working. Two years ago, 10 percent of the state’s prison population was in solitary. That’s down to 6 percent this year.


LAPD: THE TRANSITION FROM “WARRIORS” TO “GUARDIANS”

The Los Angeles Police Department is conducting a series of five-hour training (or retraining) sessions in the wake of controversial officer-involved shootings in LA and across the nation.

The LA Times’ Kate Mather sat in on some of the LAPD training lectures, which emphasized replacing the “warrior” culture of the 70′s and 80′s with a mindset shift to “guardian” of communities. (WLA pointed to another story exploring this issue here.)

Here are some clips from Mathers’ story:

“We were warriors,” Deputy Chief Bill Scott recently told a room filled with LAPD rank-and-file officers, a group of fresh-faced rookies watching from the front.

Now, he said, officers need to think of themselves as guardians watching over communities — not warriors cracking down on them.

“That means if we’ve got to take somebody to jail, we’ll take them to jail,” Scott said. “But when we need to be empathetic and we need to be human, we’ve got to do that too.”

[SNIP]

The five-hour lectures in Los Angeles have covered matters such as the way officers should interact with people who are mentally ill, how they can build community trust, when they are permitted to curse while dealing with the public and why they should avoid walking with a swagger. Department brass emphasized that public perceptions of police can be influenced by the way officers treat residents during their daily work.

Scott warned one group assembled at a department pistol range that the brash attitudes some officers have — “I’m the cop, you’re not” — can appear disrespectful. “That’s one of the biggest problems that we have,” he said. “How we talk to people.”

In an Eastside auditorium, Deputy Chief Jose Perez told a crowd of Hollenbeck officers that just because department policy allowed them to curse at uncooperative suspects — the LAPD calls it “tactical language” — they shouldn’t automatically use foul language when walking up to someone.

“It doesn’t let you go up to them, when you’re getting out of the car, and you go: ‘Hey … come here,’” Perez said, using a profanity. “We use it because we have to, not because you can or because you want to.”

When and how officers should use force was another key focus. Police were reminded to be patient with people who may be mentally ill and to try to build a dialogue in an effort to avoid using force to take them into custody.

In one session, officers were implored to carry less-lethal devices such as a Taser or beanbag shotgun in their patrol cars, so the option is always available. The department does not require all officers to carry less-lethal devices.

Last week, the LA Times’ Patt Morrison interviewed Deputy Chief Bill Murphy on the evolution of training within the department. (WLA linked to it here.)


PROP 47 IS HELPING FORMER OFFENDERS BREAK FROM STIGMA OF FELONIES

During her 20s, Sholanda Jackson was incarcerated 13 times because of an addiction Sholanda’s mother sparked by giving her crack cocaine as a teenager.

A poster child for rehabilitation, Sholanda has now been sober 11 years, has a degree, and works at a non-profit.

Thanks to California’s Proposition 47, which reclassified certain non-serious felonies as misdemeanors, former offenders like Sholanda are receiving a second chance—one that will free them from the stigma of old felony convictions, and help them secure employment, as well as government assistance.

KQED’s Marisa Lagos has more on the issue, including the story of Sofala Mayfield, another former felon who received a second chance through Prop 47. Here’s a clip:

His life began to fall apart in his teens, after his grandmother suffered a stroke and his mother fell back into drug addiction. After a series of minor run-ins with the law as a teenager, he was convicted of felony theft two years ago for stealing an iPhone.

Mayfield has three younger siblings that live with him. But he said when he got out of jail, he couldn’t find a job.

“I didn’t get any calls back, I would call them back — our hiring manager’s not in, you know. I just had a feeling that’s what it was, just me having the felony on my record and stuff,” he said.

At the urging of his probation officer, Mayfield called the public defender’s office and asked if he would qualify to reduce his felony to a misdemeanor under Prop. 47. Within a month, a court had approved the change.

He now has two jobs, is helping support his family and hopes to go to culinary school.

“I was just very grateful,” he said.

Posted in juvenile justice, LAPD | No Comments »

Harm-Focused Policing, LAPD Training and Retraining, the Mayor of New Orleans, and Tom Carey’s Guilty Plea

August 20th, 2015 by Taylor Walker

WEIGHING THE HARMFUL EFFECTS OF DIFFERENT CRIMES ON COMMUNITIES TO BETTER FOCUS POLICE ENERGY AND RESOURCES

In a paper published on Friday in the journal Ideas in American Policing, Temple University criminal justice professor Jerry Ratcliffe outlines the difference between a “crime and disorder” focused policing strategy and another method he calls “harm-focused policing,” which redirects police resources and strategies toward the detrimental effects of crime on a community

Targeting issues that affect poor minority communities, like substance abuse, emotional health, and gang recruitment would go beyond the symptoms to get at the “why” of the crimes.

Switching the focus would more accurately represent communities’ concerns, says Jerry Ratcliffe, a criminal justice professor at Temple University and the paper’s author, and would help to change the relationship between cops and poor minority communities: “Where police can often see only crime and disorder, community experiences are more nuanced and diverse.”

While it can be difficult to quantify harm, the paper says there are ways to identify places and people that are especially harmful to communities.

Here’s a clip from the paper:

The range of community anxieties is often heartbreaking, ranging from the day-to-day incivilities that sap community cohesion, to concerns about root causes of crime, drugs, speeding traffic, environmental conditions, community dissolution and the harms associated with gang recruitment of young children. It is not uncommon to hear concerns about the lack of police attention to a neighborhood in the same meeting as complaints about the detrimental impacts of excessive and unfocused police attention on the wrong people. While there are correlations between increased police activity and lower neighborhood violence (see for example Koper & Mayo-Wilson, 2006; Ratcliffe, Taniguchi, Groff, & Wood, 2011), the negative consequences of repeated police contacts are now being more widely understood.

The paper also says the controversial practice of “stop, question, and frisk” (or “stop and frisk”) should be included in the harm index calculations as something that can hurt police-community relations:

The crime reduction benefits of increased pedestrian investigations (sometimes referred to in general as ‘stop, question and frisk’ [SQF]) remain a matter of some dispute (Rosenfeld & Fornango, 2014), and the tactic itself remains highly controversial with the public concerned about both the disproportionate impact on minority communities and potential reduction in police legitimacy. Even Braga and Weisburd, two of the strongest advocates of hot spots policing, accept that ‘It seems likely that overly aggressive and indiscriminate police crackdowns would produce some undesirable effects’ (2010: 188).

Given the potential for harm stemming from unrestrained used of SQF, inclusion of a weighting for each pedestrian or vehicle investigative stop has a number of benefits. First, it acts as a constraint against unfocused and unrestricted use of SQF by over-eager police commanders desperate to reduce crime in a location. The right weighting3 would still sanction use of the tactic, but ideally encourage a focused and targeted application because each stop would count against the area’s harm index. In this way a calculation of cost-benefit ratio would determine if the anticipated crime and harm reduction benefits sufficiently offset any potential loss of police legitimacy and community support. Second, this would send a signal that the police are cognizant of the potential for pedestrian and vehicle investigative stops to impact police-community relations and that they are aware that some police tactics come with an associated cost. Third, having a price associated with investigative stops may generate improved data collection of stops, which will have a corollary benefit, allowing departments to better assess their vulnerability to accusations of racial profiling.


LAPD DEPUTY CHIEF WILLIAM MURPHY ON THE IMPORTANCE OF TRAINING, TRAINING, AND MORE TRAINING FOR OFFICERS

In an interview with the LA Times’ Patt Morrison, Deputy Chief William Murphy, who is the head of the Los Angeles Police Department’s Police Sciences and Training Bureau, talked about how much LAPD training has evolved from a decade ago, how the Sandra Bland tragedy might have turned out differently, and how LA officers are taught to conduct traffic stops and mental health crisis calls.

Here’s a clip (but do yourself a favor and read the whole thing):

What is the LAPD training for a traffic stop?

In the academy, before we teach anything, we ask, “Have you ever been stopped by the police?” Everybody’s hands go up. [They say] the officer was kind of rude. We say: “Remember that before we teach you how to do a traffic stop. What if it was your mother? Your sister? Is that how you’d want someone to treat them?”

In California, we teach an eight-step traffic stop. The first four are critical: The initial thing is the greeting — a smile, say, “Good morning, I’m Officer Bill Murphy of the LAPD.” When people ask for business cards, you give it to them — that’s our policy. When you do this [he points to his nameplate] and say, “This is me,” you’re just getting them mad.

Then you explain the reason for the stop. In some of these traffic stops that go south, they’ve left out some of these components. The goal of a traffic stop is to educate, not irritate. You pull somebody over for running a stop sign to have a conversation to change their behavior.

Watch the tapes and you notice officers — not from California — don’t ask [the driver], “Why would you do that?” I’ve had people tell me, “My wife’s at the hospital delivering my first baby” or “I just got fired today and my head’s not in the game.” You give them an opportunity to explain before you make a decision whether or not to write a ticket.

Then [as the last step], you say have a good day; you always end on a positive note.

The Sandra Bland traffic arrest apparently escalated when an officer got testy because she wouldn’t put out her cigarette; it ended with Bland allegedly hanging herself in a jail cell.

You have to think, is [the driver] a threat to you, or are you just irritated because they happen to be having a cigarette? If you think they’re really a threat, that’s a different situation. I’ve gotten pulled over, and as a police officer, my heart still races. [Bland was] probably just nervous, smoking her cigarette.

We teach don’t be the “contempt of cop” cop. Usually, you get contempt of cop when your emotions take over, when the goal becomes something other than educating, like, “You’re not respecting my authority.”

We’re lucky: About 98% of our police vehicles are two-person. If the [first officer] for whatever reason isn’t making that connection and it’s getting heated, we tell them to switch roles right away. Say, “Hey, partner, let me take this over,” as opposed to getting into a confrontation.

I was asked about the video of the Cincinnati incident [a campus police officer shot an unarmed man during a traffic stop; the officer has been indicted for murder]. You need to control your emotions and stress level so you don’t overreact. When you overreact, you can see a threat that’s really not there.


NEW ORLEANS’ MAYOR IS ON A CAMPAIGN AGAINST VIOLENCE IN POOR BLACK COMMUNITIES

The Altantic’s Jeffery Goldberg has a great longread about New Orleans Mayor Mitch Landrieu who is on a crusade to cut down on the level of homicides in his city. Landrieu’s particular focus is on the “epidemic of young African American men killing young African American men.”

One of Mayor Landrieu’s innovative violence diversion programs, NOLA for Life, initiates “call-ins” where around 20 men between the ages of 16-24 who are likely to shoot or be shot, and who have had contact with the justice system, are called into court without explanation.

Landrieu addresses the gathered boys and young men, who are either doing a short stint in jail or are on probation, and introduces two groups of people who have come to speak with them and help them—on one side, representatives from every local and federal law enforcement agency, on the other, social workers and counselors ready to help the attendees and connect them with services and resources.

Landrieu tells the young men gathered in front of him, that if they leave the courthouse and make wrong choices they will have further contact with the law enforcement agencies in attendance, but if they choose correctly, Landrieu says, “I’ll make a commitment to you that you’re going to go to the front of the line: if you need a job, if you need mental-health, substance-abuse counseling, if you say you need something, the folks on this side of the room will listen to you, talk to you, help you.”

NOLA for Life also features mental health services, substance abuse treatment, and job training. And teams of counselors, including former gang members, are dispatched to ERs to convince family members of shooting victims not to seek revenge.

“i want people to tell me whether or not they think that the lives of poor young African American men that live in certain communities in every city—whether their lives matter…that’s all I want to know: that the answer to that is ‘yes’.”

Here’s a clip:

“It’s a roll of the dice. People get out of Central City, they do,” Landrieu told me recently. “But many don’t. If life had gone differently for Joseph Norfleet and James Darby, who knows? Joseph Norfleet could have been that 9-year-old victim. Maybe Joseph Norfleet would be dead and James Darby would be in prison today. We see this so often—today’s shooter is tomorrow’s victim.”

The prison [Angola], 130 miles from New Orleans, could legitimately be considered the city’s most distant neighborhood. Of the roughly 6,300 men currently imprisoned at Angola—three-quarters of them there for life, and nearly 80 percent of them African American—about 2,000 at any given moment are from New Orleans. Thousands of children in New Orleans—a city whose population today is roughly 380,000—have fathers who will reside until death in Angola.

“This place will bring you to your knees,” Landrieu said.

Why?

“What you’re going to see is a huge governing failure on the part of our society. This country has the highest incarceration rate in the world, and Louisiana has the highest incarceration rate in the country. That’s failure.”

Landrieu visits Angola on occasion to learn more about a crisis that has come to consume him. He decided, early in his first term, to devote the resources of his city to solving one of this country’s most diabolical challenges—the persistence of homicide in poor African American communities. The numbers are staggering. From 1980 to 2013, 262,000 black males were killed in America. By contrast, roughly 58,000 Americans died in Vietnam. In New Orleans, about 6,000 African American men have been murdered since 1980. The killers of these men were, in the vast majority of cases, other African American men. In New Orleans, 80 percent of murder victims are believed to have known their killer.

[SNIP]

As we drove to Angola, I asked Landrieu why he has made homicide—a seemingly ineradicable disease in a gun-saturated country whose popular culture glorifies violence—his chief priority.

“I didn’t grab this. This problem grabbed me,” he said. “I guess you could say I’m obsessed with it. I don’t understand why it’s okay in America—a country that’s supposed to be the greatest country in the world, a place with more wealth than anywhere else—for us to leave so many of our citizens basically dead. Why do we allow our citizens to kill each other as if it’s the cost of doing business? We have basically given up on our African American boys. I’d be a cold son of a bitch if I ignored it, if I just focused on the other side of town, or focused just on tourism.

“I’m absolutely certain we have the money and the capacity to solve this problem, but we do not have the will. This problem doesn’t touch enough Americans to rise to the level of a national crisis. But these are all our children. I’m embarrassed by it. How could this be normal?”


FORMER LASD CAPTAIN TOM CAREY’S OFFICIAL GUILTY PLEA, AND WHY FORMER SHERIFF LEE BACA SHOULD WORRY

On Wednesday, former Los Angeles Sheriff’s Department Captain William “Tom” Carey officially changed his plea to guilty in the obstruction of justice trial involving the hiding of a federal informant from the FBI.

Standing before US District Judge Percy Anderson, Carey pled guilty to one count of perjury. In exchange, three separate charges of obstruction of justice, conspiracy to obstruct justice, and another count of lying on the witness stand, are to be dismissed.

In return, Carey will have to fully cooperate with the feds and provide testimony in related trials, including that of his co-defendant, former Undersheriff Paul Tanaka, and that of former Sheriff Lee Baca, who has not been indicted, but may be federal prosecutors’ next target.

ABC7′s Miriam Hernandez and Lisa Bartley were there in court and have the story. Here are some clips:

Former Sheriff Leroy “Lee” Baca might be getting nervous right about now.

Retired Captain William “Tom” Carey, 57, officially changed his plea to guilty on Wednesday, becoming the highest-ranking Los Angeles County Sheriff’s Department official to flip in the years-long federal investigation.

“Guilty,” Carey stated under oath as he stood before Judge Percy Anderson alongside his defense attorney Andrew Stolper.

Carey cut a deal with prosecutors that requires total cooperation with law enforcement as they forge ahead in their investigation of corruption and inmate abuse inside county jails, which are run by the LASD.

Speculation is growing that Baca, who abruptly resigned in January 2014, could be in the crosshairs of federal prosecutors.

“We’ve seen in the investigation of this case that the prosecution has been trying to go as high as they can, even to the sheriff himself,” said Laurie Levenson, a Loyola Law School professor and former federal prosecutor.

Carey’s co-defendant, former LASD Undersheriff Paul Tanaka, goes on trial this November for his alleged role in the scheme to block the FBI investigation.

[SNIP]

Carey’s plea deal means that three felony counts — obstruction of justice, conspiracy to obstruct justice and one count of making false statements — will be dismissed.

Carey pleaded guilty to one count of making another false statement, which points to what prosecutors say was the true motivation for hiding Brown from the FBI.

At the trial of Deputy James Sexton in May 2014, Carey testified that there was no other reason to move Brown other than for his own safety.

Carey now admits that was a lie because he “knew that the deputies ordered to stand guard over Inmate AB during this time were there, at least in part, so that the FBI could not have access to Inmate AB unless there was an order from co-defendant Tanaka or another LASD executive that would have allowed access.”

Carey’s cooperation agreement means he is likely to testify against Tanaka at his upcoming trial, although defense attorneys are sure to attack Carey’s credibility now that he’s admitted to previously lying on the witness stand.

Posted in LAPD, LASD, law enforcement, Sheriff Lee Baca, Violence Prevention | 29 Comments »

Watts Riots 50th Anniversary News Roundup….Are Crime Rates Really Rising?….and Coroner’s Inquests

August 14th, 2015 by Taylor Walker

JOURNALISTS, AUTHORS, ACTIVISTS, AND RESIDENTS REMEMBER THE WATTS RIOTS

As America marks the 50th anniversary of the 1965 Watts riots this week, here are some stories we didn’t want you to miss:

Veteran TV journalist Tom Brokaw, who covered the aftermath of the Watts riots 50 years ago for NBC, says positive changes have taken place in the neighborhood, including community policing efforts, but Watts is still very much “separate and unequal.”

The LA Times has a ton of worthwhile coverage (more than twenty stories, so far) of the anniversary, including an interview with one of the few black cops in LAPD before and during the riots, quotes dug up from the LA Times’ 1965 archives, the story of Noah Purifoy’s art made from the charred wreckage of Watts, what the ’65 LA Times editorial board had to say about the six days of rioting that left 34 people dead.

Fifty years later, the 2015 editorial board takes a look at what lessons LA has (and hasn’t) learned since then. (Read more of what today’s editorial board has to say about Watts—here and here.)

The Times also compiled a list of essential literature born of the Watts riots, featuring: “A Journey Into the Mind of Watts” by Thomas Pynchon, “The New Centurions” by 1960′s LAPD officer Joseph Wambaugh, and one of our favorites at WLA, the mystery, “Little Scarlet,” by Walter Mosley.

Mosley, who was twelve years old in 1965, shares his memories of the riots in an NPR interview. Here’s a clip:

MONTAGNE: Walter Mosley went on to create the classic character Detective Easy Rawlins in a series of noir novels set in Watts. In 1965, Mosley was 12 years old and a member of an acting troupe that performed plays about civil rights, which is how he found himself in the middle of what some called an uprising.

MOSLEY: The main night of that riot, the apex of the riot, we went down to the little theater on Santa Barbara, now called Martin Luther King, to do our play. But nobody came because, you know, people were rioting. So either they were rioting or they were in their houses hiding from rioting. And we had to drive out. And driving out, we drove through the riots.

MONTAGNE: Do you remember what you saw? I mean, were you scared?

MOSLEY: I was scared, you know, because, number one, it was an interracial group, so, you know, there were a couple of white people in the car. And they were, like, on the floor. And – you know, and then you would see things – you know, people jumping out of windows, you know, like – you know, they were looting. I saw one guy just lying out on the street. I don’t know what happened to him. The police were driving by, four deep in a car with their shotguns held up, but they weren’t shooting. They were just passing through.

You could feel the rage. You know, you could feel that civilization, at that moment, was in tatters. And when I got home, my father was sitting in a chair in the living room, which he never did, drinking vodka and just staring. And I said, Dad, what’s wrong?

Go listen to the rest.

Another LA author and activist, Earl Ofari Hutchinson, in an op-ed for the Huffington Post, talks about what he saw and experienced as an 18-year-old during the riots and what has changed since 1965.

And until the 17th (the end of the riots), you can experience a unconventional live-tweet reenactment of the deadly week-long upheaval by @WattsRiots50.


BRENNAN CENTER: THE U.S. IS STILL SEEING A DOWNWARD CRIME TREND, DESPITE RECENT, WIDELY REPORTED UPTICKS IN CRIME RATES

In the midst of much media attention on crime spikes in states across the US, the Brennan Center for Justice’s Matthew Friedman says the recent crime rate upswings are still part of a longterm downward trend.

LA, NYC, Chicago, DC, and other big cities have recorded higher crime stats over the past few months. And there are many different theories as to what’s behind the changes.

LA County Sheriff Jim McDonnell blamed the higher crime rate on the passage and implementation of Prop 47—which reclassified certain low-level felonies as misdemeanors.

And during LA Mayor Eric Garcetti’s State of the City address in April, he announced a new elite metro unit would patrol crime hotspots in response to a rise in violent crime rates during the first part of 2015 in Los Angeles.

Friedman says that instead of focusing on short-term fluctuations, it’s important to take a step back, and look at the prevailing trend over a period of years, rather than months.

Even a cursory study of murder totals over the past two decades shows a clear downward trend in the number of murders committed in America’s three largest cities. A “trend” indicates the general direction something moves towards. The red lines in the graphs show that the long-term trend is toward fewer homicides in all three cities.

This same trend appears in most major cities across the country.

This does not mean that crime is always decreasing in these cities; in fact you can see areas of all three graphs where crime levels rapidly increase (and rapidly decrease) over short periods of time. These fluctuations are a combination of normal seasonal cycles and random events known technically as ‘noise’. Noise denotes the transient increases and decreases attributable to happen-stance or short-run shocks, but unrelated to the long-run pattern of decreasing murder levels.

Compare New York’s annual murder totals and Chicago’s monthly totals. Both exhibit the same long-term trend: a decreasing number of murders. Also note, however, that the longer time interval used to describe New York’s homicide totals generates a smoother graph that closely tracks the trend line and is almost uniformly decreasing — making it very easy to identify that city’s crime decline. On the other hand, Chicago’s graph exhibits wild fluctuations from season to season (this is known as seasonality). Monthly totals are a great way to display homicide data if you want to understand how solstice patterns impact murder rates, but it also amplifies the cyclical and noise components of Chicago’s homicide totals — making it harder to distinguish the underlying trend.

Friedman compares the crime statistics to LeBron James’ inconsistent free-throw success rate from game-to-game between January and March of this year.

…in 14 games over three months, James’ free-throw percentage increased or decreased by more than 20 percent relative to his previous outing. In multiple instances his shooting acuity fell by half from game to game. In another, it more than doubled. To assume those spikes tell us anything about James’ basketball skills would be foolish — they are just noise.

Similarly, from day to day, month to month, or year to year, crime may rise or fall due to seasonality and noise. Only by observing these changes over a sufficient period of time can we see a trend emerge. The difficulty is figuring out how many observations are necessary to cut through the noise and show us the true trend.


CONSIDERING CORONER’S PUBLIC INQUESTS AS AN ALTERNATIVE TO GRAND JURIES

Legal experts and public officials are discussing the viability of the coroner’s inquest model as an alternative to the closed-door grand jury system, as a way to promote transparency and ease tension between communities and the police after a questionable death.

Coroner’s inquests are public inquiries to determine details of a death: how and why a person was killed.

During an inquest, witnesses give testimony, but suspects don’t defend themselves, unless the coroner’s jury verdict leads local prosecutors to indict those involved.

Coroners’ inquests crop up here and there across the nation under special circumstances, but only in Montana are coroners actually required to perform an inquest after an officer-involved shooting.

The killing of 34 people during the Watts riots 50 years ago resulted in a burst of coroner’s inquests, but Los Angeles hasn’t seen an inquest in over three decades. The last coroner’s inquest in Los Angeles was held in 1981. Current LA County Medical Examiner-Coroner Mark Fajardo said he considered initiating an inquest into the death of Ezell Ford, a unarmed mentally ill man shot by LAPD officers last year, but chose not to without carefully reviewing the process.

The LA Times’ Doug Smith has more on the issue, as well as the history of the inquest in LA. Here are some clips:

At the urging of County Medical Examiner-Coroner Mark A. Fajardo, who reviewed all police shootings in his job as Riverside County coroner, the Los Angeles Board of Supervisors has asked key agency heads to rethink the review process with an eye to increasing transparency.

Fajardo, who became L.A.’s coroner in 2013, said he found it “troubling” that the office had no review procedures.

“I think the Department of Medical Examiner-Coroner should have a process that assures quality, assures efficiency and is transparent in some respect,” Fajardo said.

He said he considered calling an inquest into the Los Angeles Police Department’s fatal shooting of Ezell Ford last year, but held back because he hadn’t fully vetted the process. The county is still reviewing various options.

Some municipalities, like Clark County, NV, have successfully implemented updated versions of the inquest model.

Clark County, Nev., dropped its automatic coroner’s inquest process in 2010 after the police union successfully challenged it in court.

In its place, county commissioners set up a system that achieves some transparency at the expense of immediacy.

After every killing by police, if the district attorney finds no cause to prosecute — which has almost always been the case — the county manager convenes a hearing to examine the evidence in public. The prosecutor calls witnesses, primarily the officers who investigated the slaying. A hearing officer and ombudsman, both appointed by the county manager, can call and question witnesses in a cross-examination format, but not under oath. The officers involved in the killing do not testify.

Anyone attending the hearing can submit questions to the hearing officer or ombudsman, who is appointed to represent the public and the deceased’s family. The whole proceeding is live-streamed on the county TV station and the videos are posted on the county manager’s website.

No findings are made. “It simply concludes,” said Robert Daskas, the deputy who oversees the district attorney’s response team.

There are critics, among them the Nevada ACLU, who say the new process is toothless. But Daskas credits it for easing the tension surrounding troubling events.

“We all see the protests and the riots,” Daskas said. “I would like to think that one of the reasons we have not had issues like that in Clark County is because we provide a very transparent review of officer-involved shootings.”

MacMahon, the English economist who has studied America’s inquest tradition, finds the Clark County process an admirable compromise. He argues that it is the very toothlessness of such reviews that give them the healing power that he calls “soft adjudication,” a hearing process that is investigatory, rather than adversarial, and non-binding.

“Precisely because their verdicts do not carry binding or coercive consequences…inquests can aim more squarely than other legal proceedings at establishing the truth about a contested event,” MacMahon writes in his article.


The Watts riots news roundup was updated August 14, at 7:30p.m.

Posted in Charlie Beck, Eric Garcetti, Jim McDonnell, LAPD, LASD, literature, media, race | No Comments »

BLUE: Joe Domanick Writes About Saving the LAPD & the Crossroads of American Policing

August 10th, 2015 by Celeste Fremon


Award-winning journalist and author Joe Domanick has been a long time critic of bad policing,
particularly when it has been displayed by the Los Angeles Police Department. His fascination with—and in many ways, affection for—LA’s complicated, powerful, historically brutal and arrogant, yet often innovative and iconic police department brought us To Protect and to Serve: The LAPD’s Century of War in the City of Dreams—a deeply researched, and immensely engaging history of the agency’s first 100 years, which won its author a 1995 Edgar award for best fact-based crime.

Now Domanick has written a new book about LA’s cop shop called Blue: The LAPD and the Battle to Redeem American Policing. Stupendously timely and written with a finely calibrated understanding of the city’s history, and its unique cultural interweave, BLUE’s page-turning narrative is borne aloft by a string of vivid nonfiction characters, including, of course, the agency’s most recent chiefs, Bill Bratton and Charlie Beck. But, while the heart of the book is a grand tale of the multi-layered struggle to reform the LAPD, Domanick also uses LA’s police department as a lens through which to examine the state of U.S. policing in general, and the crossroads at which it has presently arrived.

We will talk more about Domanick and Blue in the near future. But, in the meantime, here are a couple of clips from the rave review of Domanick’s book by Mark Horowitz, the staff editor for The New York Times Op-Ed section, which appeared in Sunday’s NYT Book Review.

…Crime in Los Angeles had been increasing at twice the national average. Between 1980 and 2000, there were 11,500 gang-related homicides in Los Angeles County. “L.A.’s gangs were not simply growing but metastasizing.”

The city’s incompetent and brutal police functioned like “an army of occupation that waged war on the residents of black South L.A., Mexican East L.A. and Central American Pico-Union in the name of crime suppression.” During one operation, in South Los Angeles, 25,000 were arrested, though relatively few were charged with any crime. “It seems astounding,” Domanick writes, “that such a plan of concentrated, indiscriminate mass arrests would be executed in a major, liberal American city a quarter of a century into the post-civil-rights era.” Even the police dogs were out of control, surely a metaphor of some kind. Between 1989 and 1992, they bit 900 people, resulting in countless lawsuits.

Domanick is steeped in his city’s rich history, its fraught racial and ethnic conflicts and the complex demographics that befuddle so many outsiders. I lived there in the ’80s and ’90s, during recessions, earthquakes, the Rodney King beating and the ’92 riots: Domanick gets everything right. His brief portrait of the 1995 O.J. Simpson trial, for example, is a valuable corrective. O.J.’s lawyer Johnnie Cochran was no racial show boater, though the national media treated him like some sort of West Coast Al Sharpton. Cochran was a brilliant and highly respected local attorney who made his reputation trying police-abuse cases. “He knew what black jurors knew deep in their bones,” Domanick writes, “that racism, planting evidence, shading the truth and lying in court had been part of the Los Angeles Police Department’s modus operandi throughout its history.” The trial was always about the dysfunctional L.A.P.D., never O.J.

Validating Cochran, the decade climaxed with the infamous Rampart Division scandal. Officers were discovered to be routinely framing people, robbing and shooting them, planting evidence and stealing drugs. How long it had been going on or how many other units were involved, nobody ever knew. There was no in-depth probe. The department proved beyond a shadow of a doubt that it was incapable of policing itself.

Enter Bratton.

More soon.


I DON’T WANT TO DIE TOO YOUNGGGGG!

And in other news, the FBI will participate in the investigation into the death of an unarmed black Texas college football player, Christian Taylor, who was fatally shot by a rookie Arlington, Texas, police officer during a burglary call at an Arlington car dealership. The officer had yet to complete his field training.

A video shows Taylor behaving erratically at the dealership before the shooting.

Meanwhile the well-liked college student’s twitter feed, which showed a repeated concern about social justice in general and police violence specifically, went viral, particularly his now famous tweet that reads: I don’t wanna die too younggggg

Posted in LAPD, writers and writing | 24 Comments »

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